EXECUTIVE SESSION H. R, 50 ¥/ HAWAII STATEHOOD 6k THURSDAY, JANUARY 29, 1959 House of Representatives Committee on Interior and Insular Affairs Washington, D. C. The committee met, pursuant to recess, at 10 a.m. in the committee room, New House Office Building, Honorable Leo W.AO'Brien, acting chairman of the committee, presiding. Mr. O'Brien. The Committee on Interior and Insular Affairs will be in order. We have met this morning for the purpose of marking up a bill providing statehood for Hawaii. I yield to the distinguished Chairman of the Full Committee. Mr. Aspinall. Mr. Chairman, I ask unanimous consent that we proceed to mark up H. R. 50, with the understanding that when the bill is marked up and receives the approval of the committee, a new bill, a clean bill will be introduced at that time, and it will be sponsored by whosoever the committee at the time desires to sponsor it. Mr. O'Brien. Is theredbjection to the request of the gentleman? t**r^ 2 The Chair hears none, and it is so ordered. (Discussion off the record.) Mr. Saylor. Mr. Chairman? Mr. Aspinall.(presiding). The gentleman from Penesylvanfa. Mr. Saylor. I think that practically all of the members of the committee are in accord on the basic provisions of this bill, and so there will be no question about it. I ask unanimous consent that, if at any time after we have moved on from reading a section, there is bona fide effort to correct a found mistake in the bill in the language, that we be permitted to return to that section. Mr. Aspinall. Unless there is an objection, that will be the order. Hearing no objection, the clerk will read. Mrs. Arnold (reading). Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to the provisions of this Act, and upon issuance of the proclamation required by section 7(c) of this Act, the State of Hawaii is hereby declared admitted into the Union on an equal footing with the other States in all respects whatever, and the constitu- tion formed pursuant to the provisions of the Act of the Territorial Legislature of Hawaii entitled "An Act to provide for a constitutional convention, the adoption of a State constitution, and the forwarding of the same to the Congress 3 of the United States, and appropriating money therefor", approved May 20, 1949 (Act 334, Session Laws of Hawaii, 1949), and adopted by a vote of the people of Hawaii in the election held on November 7, 1950, is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed. Mr. Aspinall. Are there any amendments proposed to section 1? Is there any question that any member of the committee has onthe contents of section 17 Hearing no proposed amendments and no questions, the clerk willoontinue to read. Mrs. Arnold (reading). The State of Hawaii shall consist of all the islands, together with their appurtenant reefs and territorial waters, included in the Territory of Hawaii on the date of enactment of tis Act, except the atoll known as Palmyra Island, together with its appurtenant reefs and territorial wars, but said State shall not be deemed to include the Midway Islands, Johnston Island, Sand Island (offshore from Johnston Island), or Kingman Reef, together with their appurtenant reefs and territorial waters. Mr. Aspinall. Are there any proposed amendments to section 2, or is there any question that anyone wishes to ask on section 27 - : I Mr. Rogers. A parliamentary inquiry, Mr. Chairman. Mr. Aspinall. The gentleman from Texas. Mr. Rogers. Are we operating under the rule that once this is read you cannot go back and offer an amendment? Mr. Aspinall. We are operating under that rule, providing that is someone has an amendment he wishes to propose to that section that is being considered, if the person proposing that amendment wishes to reserve the right to come back to it, he may do so. Mr. Rogers. I was going to say, we have moved so fast t I have had trouble holding my seat and no chance to prepare amendments. Mr. Aspinall. Does the gentleman have an amendment to section 2? Mr. Rogers. No now. Mr. Aspinall. Does the gentleman plan to have an amendment at any time to section 2? Mr. Rogers. I do not know. Mr. Edmondson. Mr. Chairman, may we go back to a technical question here on page 17 Mr. Aspinall. Unless there is an objection, we will refer back. Is there any objection to referring back? Hearing no objection, it is so ordered. Mr. Edmondson. Line 5, page 1, refers in H. R. 888 to the Territory of Hawaii, and at the same line H. R. 50 refers 5 to the State of Hawaii. I wonder if the more exact language might not be to use the word "territory." -- "the Territory K, of Hawaii is hereby declared to be a State of the United States of America,". Mr. Saylor. In response to that, even though I am the author of H. R. 888, on its counterpart, we have found that is the language that was used for the Alaska Statehood bill, and we have had the staff check practically all of the recent bills admitting states into the Union, and they have been to admit states and not territories. MY. Aspinall. Is there any further discussion? Mr. Rogers. Mr. Chairman, let me make this observation: Of course, I think I am going to have an amendment, but rather than hold up these proceedings, I want the record to show that the statement was made here so that the issue will not be raised on the floor that an amendment was not offered in committee in arguing against the amendment. Just so that the committee will understand that there are two things involved here: One is the fact that we may not be taking in enough in the State of Hawaii, as I think was included in the statement of Mr. Poage yesterday in regard to other islands. Mr. Aspinall. Let me answer your first question. Mr. Rogers. Yes. Mr. Aspinall. Of course, no member of the committee, --- --- f 6 as well as no member of the House, is bound by the decision of the committee to such an extent that amendments will not be in order on the floor of the House, regardless of whether or not it was considered by the committee when marking up the bill. As to what the proponents of the bill or the spoasor of the bill might say in his position on the floor as he answers the proposed amendment, the Chair is unable to say. But I think my colleague will agree with me that we have always permitted any member of the committee to make an amendment. Mr. Rogers. I understand the legal side, but I was thinking about the practical side. Sometimes those arguments appear on the floor, and I do not want anybody to think I was asleep over here. M:. Aspinall. Nobody would every accuse my friend of being asleep when it comes to a statehood bill. Mr. Rogers. The next thing I have in mind would have to do with the territory that is included within the State of Hawaii. Am I correct in my understanding that what is referred to in section 2 includes eight separate islands and pertinent reefs, and that is all that -skes up the Territory of Hawait and all that will make up the State of Hawaii? Mr. Aspinall. I think the gentleman's last statement 5 7 is correct; that is, that is all that will make up the State of Hawaii. I will let the delegate from Hawaii answer as to whether or not there is any other property or any other islands at the present time other than the eight islands to which Mr. Rogers makes reference that is incorporated presently in the Territory of Hawaii. Mr. Burns. It has generally been held, by reason of the admission bill, that there was a title to Midway and your train of islands running out to Midway within the Territory of Hawaii, and that is why this is specifically limited to the eight islands. The Kingdom of Hawaii exercised some title in there that has never been actually clear. Mr. Rogers. As I understand it, what constitutes the Territory of Hawaii now includes the eight islands we are talking about plus the exceptions that you set out here, plus Midway, Johnston, and I do not know whether these others are included. Mr. Burns. May I answer the gentleman this way: There is a color of claim to the other islands which we take out here. Mr. Rogers. Who else has a color of claim to that? Mr. Burns. They are possessions of the United States. Mr. Rogers. How many islands are there? *^vnwsuw *" -- "" 8 Mr. Burns. I am afraid I cannot answer the gentleman. It runs up in great number. Mr. Rogers. Why are not those included in this bill as part of the state? Mr. Burns. There is nobody there. That is one reason basically -- there are no living persons on them. They are simply atolls or coral reefs in the middle of the ocean, Mr. Rogers. Who owns the island that sticks up between Japan and Hawaii, sticks up about two thousand feet? But that would not be included.